PURPOSE: This rule describes the form and content of the complaints, the number of copies required, how the complaints are served and how they are amended.

1. (1) In General. The commission shall construe the provisions of this rule liberally if petitioner has prepared the complaint without legal counsel.

   1. (A) All complaints shall be in writing.

   2. (B) Petitioner shall include in the complaint:

      1. 1. The full name, address and telephone

number of—

1. A. Petitioner; and
2. B. Any attorney representing petition-

er;

1. 2. Suitable space in the caption for the

commission to affix a case number;

1. 3. As far as practical, facts in numbered

paragraph stating the relief sought and the reason for granting it.

1. (C) Petitioner or petitioner’s legal counsel shall sign the complaint.
2. (D) Petitioner shall file the original of the complaint at the commission’s office with sufficient copies for all parties.

1. (2) Specific Cases. In addition to the other requirements of this rule—

   1. (A) An agency’s complaint shall set forth—

      1. 1. The full name, address and telephone

number of any person whom petitioner names as a respondent;

1. 2. Any licenses the licensee holds from

the agency and their status;

1. 3. Any fact supporting the relief that the

agency seeks, including any conduct that a licensee has committed that is cause for discipline, with sufficient specificity to enable the licensee to address the charge at hearing; and

1. 4. Any provision of law that allows dis-

cipline for such facts.

1. (B) A complaint by any person other than an agency—

   1. 1. Shall include a copy of any notice of

the action of which petitioner seeks review; and

1. 2. May include a motion for stay.
2. (C) An applicant’s complaint shall, in addition to the other requirements of this section, set forth facts that show that the applicant is entitled to be licensed or examined for licensure.
3. (D) In a case arising pursuant to Chapter 407, RSMo, including cases relating to the protest of an action taken by a motor vehicle, motorcycle or all-terrain vehicle manufacturer, distributor or representative pursuant to a franchise agreement, the petition shall include a filing fee equal to the filing fee of the circuit court of Cole County. The provisions of this subsection (2)(D) of this regulation shall expire on November 30, 2006.

1. (3) Notice.

   1. (A) The commission shall serve notice of the complaint on the respondent and the petitioner.
   2. (B) The commission shall serve a copy of the complaint on the respondent.
2. (4) Petitioner may amend the complaint without the commission’s leave any time before the respondent serves a responsive pleading. After the respondent serves a responsive pleading, petitioner shall amend the complaint only with the commission’s leave. The motion shall include the amended complaint proposed to be filed. Petitioner shall not amend the complaint less than twenty (20) days before the hearing without respondent’s consent.
3. (5) The provisions of this rule, except subsection (1)(D) and section (3), apply to amended complaints.

AUTHORITY: sections 621.035, RSMo 2000 and 621.053 and 621.198, RSMo Supp. 2004.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001. Amended: Filed June 3, 2002, effective Nov. 30, 2002. Amended: Filed June 16, 2003, effective Nov. 30, 2003. Amended: Filed June 1, 2004, effective Nov. 30, 2004. Amended: Filed June 1, 2005, effective Nov. 30, 2005. *Original authority: 621.035, RSMo 1978; 621.053, RSMo 1997, amended 2001; and 621.198, RSMo 1965, amended 1978, 2001.